1 Aug 2016
SECRETARY FOR JUSTICE v. WONG CHI FUNG
- Citation
- SECRETARY FOR JUSTICE v. WONG CHI FUNG
- Court
- Court of Appeal
- Case number
- CACV89/2016
The Court held that committal proceedings prosecuted by motion under Order 52 are properly characterised as civil proceedings for appeal‑jurisdiction purposes; Section 50 applies to interlocutory orders in committal proceedings but does not nullify the leave requirement imposed by s14AA for interlocutory appeals (subject to express exemptions in the rules such as Order 59 r21 for committal orders); consequently these appeals are civil appeals and the Rules of the High Court (including Order 59) govern procedure; a rolled‑up hearing to consider leave and, if granted, the substantive appeals wa…
- Characterisation of contempt proceedings (civil v criminal)
- Appeal jurisdiction under high court ordinance s50 and s13
- Leave requirement for interlocutory appeals under s14aa and order 59 rule 21
- Application of articles 10 and 11 hong kong bill of rights
- Procedure under order 52 and criminal procedure ordinance cap 221